U.S. v. CAMPA

Nos. 01-17176, 03-11087.

529 F.3d 980 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben CAMPA, a.k.a. John Doe 3, a.k.a. Vicky, a.k.a. Camilo, a.k.a. Oscar, Rene Gonzalez, a.k.a. Iselin, a.k.a. Castor, Gerardo Hernandez, a.k.a. Giro, a.k.a. Manuel Viramontez, a.k.a. John Doe 1, a.k.a. Manuel Viramontes, Luis Medina, a.k.a. Oso, a.k.a. Johnny, a.k.a. Allan, a.k.a. John Doe 2, Antonio Guerrero, a.k.a. Rolando Gonzalez-Diaz, a.k.a. Lorient, Defendants-Appellants. United States of America, Plaintiff-Appellee, v. Gerardo Hernandez, a.k.a. Giro, a.k.a. Manuel Viramontez, a.k.a. John Doe 1, a.k.a. Manuel Viramontes, Luis Medina, a.k.a. Oso, a.k.a. Johnny, a.k.a. Allan, a.k.a. John Doe 2, Rene Gonzalez, a.k.a. Iselin, a.k.a. Castor, Antonio Guerrero, a.k.a. Rolando Gonzalez-Diaz, a.k.a. Lorient, Ruben Campa, a.k.a. John Doe 3, a.k.a. Vicky, a.k.a. Camilo, a.k.a. Oscar, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 4, 2008.


Attorney(s) appearing for the Case

Brenda G. Bryn, Federal Public Defender, Ft. Lauderdale, FL, Philip Robert Horowitz (Court-Appointed), Law Office of Philip R. Horowitz, Esq., Paul A. McKenna (Court-Appointed), McKenna & Obront, William M. Norris (Court-Appointed), William M. Norris, P.A., Kathleen M. Williams, Federal Public Defender, Joaquin Mendez, Jr., Federal Public Defender, Joaquin Mendez, P.A., Jack R. Blumenfeld (Court-Appointed), Atty. at Law, Richard C. Klugh, Jr., Federal Public Defender, Orlando do Campo, Asst. Federal Public Defender, Miami, FL, Leonard I. Weinglass, Atty. at Law, New York City, for Defendants-Appellants.

Kathleen M. Salyer, Anne R. Schultz, U.S. Atty., Caroline Heck, U.S. Atty., Miami, FL, David M. Buckner, Kozyak, Tropin & Throckmorton, P.A., Coral Gables, FL, for Plaintiff-Appellee.

Erik Luna, University of Utah College of Law, Salt Lake City, UT, for Sociedad Cubana de Ciencias Penales, Amicus Curiae.

Carl Peter Erlinder, William Mitchell College of Law, St. Paul, MN, for National Lawyers Guild, Amicus Curiae.

Ricardo Javier Bascuas, University of Miami School of Law, Coral Gables, FL, for Nat. Ass'n of Criminal Defense Lawyers, Amicus Curiae.

Corali Lopez-Castro, Kozyak Tropin & Throckmorton, P.A., Coral Gables, FL, Edward G. Guedes, Greenberg Traurig, P.A., Antonio C. Castro, Boies, Schiller & Flexner LLP, Rodolfo Sorondo, Jr., Holland & Knight, LLP, Francisco Ramos, Jr., Clarke Sirverglate Campbell Williams & Montgomery, Miami, FL, for Cuban American Bar Ass'n, Amicus Curiae.

Before BIRCH, PRYOR and KRAVITCH, Circuit Judges.


PRYOR, Circuit Judge:

Five agents of the Cuban Directorate of Intelligence who were members of La Red Avispa (in English, "The Wasp Network") challenge their convictions and sentences for their espionage against the military of the United States and Cuban exiles in southern Florida. A special mission of the Cuban network, Operacion Escorpion, led to the murder of four men when Cuban military jets shot down two private aircraft over international waters in 1996...

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